NOW THIS IS A WHOPPER…

of a remedy that union reps should keep in mind when drafting grievances, especially those that allege an EEO violation. It is the kind of remedy order that opens up the mind as to what is possible through a grievance. EEOC ordered the agency to do 13 different things after allowing a manager to discriminate and retaliate against an employee for raising EEO allegations. Here is the EEOC order in its own words. See if any of these remedies are things you never would have thought of.

The Agency shall take the following remedial actions:

1. Within 60 days of the date this decision is issued, the Agency shall pay Complainant $3,200 plus interest as a cash bonus based on a GS-9 fully successful performance evaluation for the rating period of February 2, 2017.
2. Within 60 days of the date this decision is issued, the Agency shall pay Complainant $2,655.20 plus interest at the GS-11 level for the two suspensions, three and ten days.
3. Within 60 days of the date this decision is issued, the Agency shall pay Complainant $1,062.08 plus interest at GS-11 level for the 32 hours of Absent Without Leave that the Agency charged her.
4. Within 60 days of the date this decision is issued, the Agency shall pay Complainant $14,153.33 plus interest in back pay to Complainant for the loss of her step increase at the GS-11 grade level between March 2015 thru August 2017.
5. Within 60 days of the date this decision is issued, the Agency shall restore all annual leave, as well as sick leave used as a result of the Agency’s conduct between 2015 and August 2017.
6. Within 60 days of the date this decision is issued, the Agency shall expunge all adverse materials from Complainant’s personnel file between 2015 thru August 2017.
7. Within 60 days of the date this decision is issued, the Agency shall pay Complainant $25,000.00 in nonpecuniary, compensatory damages.
8. Within 60 days of the date this decision is issued, the Agency shall pay Complainant $180 in gas expenses as a result of the denial of the opportunity to telework.
9. Within 60 days of the date this decision is issued, the Agency shall pay Complainant $410 for denying her the opportunity to participate in the Agency’s fitness program.
10. Within 60 days of the date this decision is issued, the Agency shall pay Complainant $2,180.95 for the copay for her medical expenses between 2015 thru August 2017.
11. Within 60 days of the date this decision is issued, the Agency shall pay Complainant $13,187.50 in attorney’s fees.
12. Within 90 days of the date this decision is issued, the Agency shall provide eight hours of in-person or interactive EEO training to S3 and S2 on Title VII, harassment, and avoiding reprisal against individuals who engage in protected EEO activity.
13. Within 60 days of the date this decision is issued, the Agency shall consider taking appropriate disciplinary action against S3 and S2. The Commission does not consider training to be disciplinary action. If the Agency decides to take disciplinary action, it shall identify the action taken. If the Agency decides not to take disciplinary action, it shall set forth the reason(s) for its decision not to impose discipline. If the responsible management officials have left the Agency’s employment, then the Agency shall furnish documentation of their departure dates.

For more details, check out Betsy W., v. Lloyd J. Austin III, Secretary, DoD,  EEOC Request No. 2023004106, EEOC Appeal No. 2022001325 (2023)